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Patna High Court

Rupesh Kumar @ TeniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner.

Summary

The petitioner, Rupesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 126 litres of liquor were allegedly recovered from a location adjacent to his house. He argued that no liquor was found in his possession and that the investigation relied on secret information without proper inquiry, noting a history of eight prior cases, six of which were excise matters. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 40,000 with two sureties and subject to verification of his criminal antecedent under Section 482(2) of the BNSS. The court stipulated that if the petitioner is found to have more than eight prior cases, the bail would not be confirmed; if exactly eight, the bail would be confirmed immediately.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the accused claims no seizure from his possession.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • excise offence
  • Bihar Excise Act
  • Section 30(a)
  • criminal antecedent
  • high court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28768 of 2026
                       Arising Out of PS. Case No.-19 Year-2026 Thana- Refinery District- Begusarai
                 ======================================================
                 Rupesh Kumar @ Teni Son of Late Abhinandan Singh @ Avinandan Singh
                 Resident of village - Harpur, Ps- Refinery, Dist- Begusarai

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Akash Kumar Mishra
                 For the Opposite Party/s :        Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of eight cases out of which six cases

                   are under the Excise Act and allegation is of recovery of 126

                   liters of liquor from a place behind the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner,

                   but then is adjacent to his house and he came to be implicated
Patna High Court CR. MISC. No.28768 of 2026(2) dt.29-04-2026
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          based on secret information which is the easiest way to

          implicate someone. It is also submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation. It is also submitted that

          petitioner in similar manner earlier also came to be implicated in

          cases relating to Excise.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          40,000/- (Rupees Forty Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Refinery

          P.S. Case No. 19 of 2026 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and
            Patna High Court CR. MISC. No.28768 of 2026(2) dt.29-04-2026
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                      in the event if it is found that petitioner has antecedent of more

                      than eight cases then it would be presumed that petitioner, for

                      the purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of eight

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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